ESTATE OF CARMEN IRIS CASTRO, Deceased (10/2656/B) — In this uncontested proceeding, the administrator d.b.n. of this estate, the designee of the decedent’s daughter who is the nominated executor of the estate of the decedent’s postdeceased spouse, seeks to judicially settle the account filed by the former administrator, the decedent’s postdeceased spouse, including approval of attorney fees and the claim for an award of legal fees of a former guardian ad litem.
The decedent died intestate on July 9, 2010. The decedent’s distributees are the post-deceased spouse, the daughter and a son who is under an alleged disability, resides in a facility and receives government benefits. Letters of administration limited by SCPA 805 (3) as to the disposition of any real property issued to the spouse pursuant to decree dated November 30, 2010. The now post-deceased spouse subsequently commenced a proceeding to lift the SCPA 805 (3) restrictions to enable the sale of realty located in the Bronx in which he, and now his estate, held a one-half interest, and a guardian ad litem appointed for the son under a alleged disability filed a report, inter alia, recommending approval of that application with an affirmation of services and thereafter requested permission to resign. After the Bronx realty was sold, the spouse commenced a proceeding to judicially settle his account, obtained jurisdiction over all necessary parties, including the New York City Human Resources Administration, without opposition, and a successor guardian ad litem was appointed for the son under an alleged disability. The decedent’s daughter and the former guardian ad litem consented to the application, and the successor guardian ad litem recommended approval of the relief requested. Upon the death of the spouse, by decree dated April 25, 2017, letters of administration d.b.n. issued to the petitioner upon filing a bond in the penal sum of $217,000, and she was directed to expeditiously complete the accounting proceeding filed by the post-deceased spouse (see Matter of Castro, NYLJ, Mar. 8, 2017 at 22, col 6 [Sur Ct, Bronx County 2017]).
